Last updated: January 3, 2025
Welcome to the ToLayers website (the “Site”). These Terms & Conditions (“Terms”) govern your use of the Site, mobile applications, and any related services provided by ToLayers (“we,” “our,” or “us”) (collectively, the “Services”). By accessing or using any part of our Services, you agree to be bound by these Terms. If you do not agree to all the Terms, you may not access or use our Services.
You must be at least 13 years old (or older if required by local law) to use our Services. By using the Services, you represent and warrant that you have the legal capacity and authority to enter into these Terms and to comply with them in their entirety.
Some parts of our Services may require registration. When you register for an account, you agree to provide accurate, current, and complete information. You are responsible for maintaining the confidentiality of your password and account, as well as for all activities that occur under your account. You agree to notify us immediately of any unauthorized use or breach of security.
We offer various membership plans and credit-based usage models (“Memberships”). Membership fees, credit prices, and other billing terms will be stated at the time of purchase or in your account settings. By purchasing or subscribing to a Membership, you agree to pay the indicated fees and taxes, if applicable. We reserve the right to change our Membership plans or adjust pricing at any time at our sole discretion. Any price changes will take effect at the start of your next billing cycle, and we will notify you in advance.
Auto-Renewal: Some Memberships may automatically renew at the end of the subscription term unless canceled beforehand. You acknowledge and agree that your payment method on file may be automatically charged for renewal unless you cancel your subscription in your account settings before the renewal date.
Our Services include AI inpainting and image processing features, which allow you to upload images and receive layered PSD files. You retain any intellectual property rights you hold in the images or content you upload. By uploading content, you grant ToLayers a non-exclusive, worldwide, royalty-free license to process, modify, and display that content solely to provide you with the requested AI inpainting services.
We make no guarantees regarding AI results or the specific quality or functionality of the processed images. You acknowledge that all content you upload must not violate the rights of third parties or any applicable law.
You agree not to use our Services for any unlawful or prohibited activity, including, but not limited to:
All content, trademarks, logos, and service marks on the Site and Services, excluding user-generated content, are the property of ToLayers or its licensors and are protected by intellectual property laws. You agree not to reproduce, distribute, modify, create derivative works of, publicly display, or otherwise exploit any of our proprietary assets without our express written consent.
All sales (including Memberships and credits) are final and non-refundable unless otherwise specified. However, if you experience technical or billing issues, please contact us at:[email protected]
We may terminate or suspend your account and access to our Services at any time, without prior notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. You may also terminate your account at any time by following the instructions in your account settings or contacting us. Upon termination, any rights granted to you in these Terms will immediately cease.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT ANY DEFECTS WILL BE CORRECTED.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL TOLAYERS OR ITS AFFILIATES, LICENSORS, OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN NO EVENT WILL TOLAYERS’ TOTAL LIABILITY EXCEED THE AMOUNTS YOU HAVE PAID TO TOLAYERS IN THE LAST SIX (6) MONTHS OR ONE HUNDRED U.S. DOLLARS ($100), WHICHEVER IS GREATER.
You agree to defend, indemnify, and hold harmless ToLayers and its directors, officers, employees, contractors, partners, and agents from and against any and all claims, damages, losses, liabilities, costs, and expenses (including attorney’s fees) arising from or related to your use of the Services, violation of these Terms, or infringement by you or any third party using your account of any intellectual property or other right of any person or entity.
These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of the State of Georgia, United States of America, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of Georgia.
You agree that any dispute arising out of or relating to these Terms shall be resolved exclusively in the state or federal courts located in Gordon County, Georgia, USA. You further consent to personal jurisdiction and venue in these courts and waive any objection to such jurisdiction or venue.
We reserve the right to modify or replace these Terms at any time. If a revision is material, we will provide you with notice via email and/or a prominent notice on our Site prior to the changes taking effect. By continuing to access or use our Services after any revisions become effective, you agree to be bound by the updated Terms.
If you have any questions about these Terms, please contact us at:[email protected]